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PTSD and "Bad Discharges"

By Ray Parrish

Many veterans suffering from PTSD are denied VA benefits because of their less than honorable military discharges. This is based on the presumption that there was dishonorable service which bars benefits. Often the VA personnel tell these vets that they must get their discharges upgraded before the VA can help them. THIS IS A LIE!! Let me repeat this: Vets with service connected PTSD can get all VA benefits (except educational benefits) and VA personnel who say otherwise are misinformed, ill-trained or lying. There are VA regulations that enable the VA to provide these veterans with health care and monthly disability checks.

The VA has two branches; the VA Health Care Administration and the VA Benefits Administration. They each have their own rules allowing them to serve vets with an old UD (Undesirable Discharge), an OTH (General discharge under conditions Other Than Honorable) and BCD (Bad Conduct Discharges) given at a Special court martial (not a General CM).

According to the VA Health care "Fact Sheet 16-8, October 2008," when a vet with an OTH/BCD comes in for PTSD treatment, they are supposed to register the vet, place the vet in "pending verification status" and make an application to the VA Regional Office for an "administrative decision" regarding the "character of service" for VA health care purposes. VA employees are directed to VA Manual M21-1, Part IV, Chapter 11 "Special Determinations and Administrative Decisions." A separate character of service determination by the VARO is needed to pay disability benefits. The veteran is entitled to health care until the VARO denies service connection. This window of opportunity may allow the veteran the time needed to get a psych evaluation which can be used to overcome the "dishonorable service" bar.

One of the most immediate and severe symptoms of PTSD is just the kind of behavior that can result in UCMJ charges and a discharge for misconduct. Following the directions in their M21-1 Manual Part III, Subpart v, 1, B.11.a, the VARO can decide that there is no "dishonorable service" to bar benefits. The "insanity" definition in 38 CFR 3.354 allows the VA to see that there was no "dishonorable service" for eligibility purposes.

A psych evaluation explaining that the service connected PTSD caused the misconduct is needed. It can also be argued that the military is responsible for the misconduct because they failed to provide treatment for the PTSD. So the psych evaluation needs to say that the vet served honorably until the service connected PTSD (or any other mental disorder) affected the vet's "ability to serve honorably," so there was no "dishonorable" service. (It is also possible to get ANY diagnosis, like depression, anxiety or bi-polar disorder, a "direct" service connection if the symptoms were present during service or within one year of military discharge.)

The VARO will likely deny the claim at the beginning and force the vet to request a "character of service determination" even if the psych evaluation has already been submitted. When the eligibility issue is won, the VARO will then make a decision on service connection and degree of disability. They could do all at once, but expect delays, under-ratings and appeals.

After winning VA compensation, the vets will have the free treatment and monthly checks which will allow a long battle to get an accurate discharge. The BCMR can change a discharge to a medical retirement discharge. This means the monthly checks come from the DOD budget not the VA, which means less money for bullets and more money for helping vets.

Ray Parrish (Sgt., USAF, 72-75) is VVAW's military counselor.